North Dakota Nonpoint Source Pollution Management Program Plan 2021 2025
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North Dakota
Nonpoint Source Pollution Management Program Plan
2021 - 2025North Dakota Nonpoint Source Pollution Management
Program Plan
2021-2025
Doug Burgum, Governor
L. David Glatt, P.E., Director, Department of Environmental Quality
North Dakota Department of Environmental Quality
Division of Water Quality
918 East Divide Avenue
Bismarck, North Dakota 58501
701.328.5210ND Nonpoint Source Pollution Management Program Plan: 2021-2025 Page ii of iii
Table of Contents
Table of Contents ...................................................................................................................ii
List of Tables .........................................................................................................................ii
List of Appendices .................................................................................................................iii
I. Introduction .......................................................................................................................1
II. NPS Program Overview ....................................................................................................2
A. Program Mission, Vision and Goals ....................................................................2
B. Program Technical Support .................................................................................3
C. Major NPS Pollutants ..........................................................................................4
D. Local Project Types and Focus ............................................................................5
E. Project Review Process ........................................................................................7
III. Program Delivery .............................................................................................................9
A. Water Body Prioritization ....................................................................................9
B. Resource Assessment ...........................................................................................11
C. Project Assistance ................................................................................................12
D. Coordination ........................................................................................................15
E. Information & Education .....................................................................................18
IV. Program Evaluation .........................................................................................................19
List of Tables
Table 1. Categories and subcategories of NPS pollution sources ........................................ 4
Table 2. Nonpoint Source Pollution Task Force Members .................................................. 8
Table 3. Local NPS project sponsors and financial partners ................................................ 14ND Nonpoint Source Pollution Management Program Plan: 2021-2025 Page iii of iii
List of Appendices
Appendix A: Evaluation Worksheet for Draft Project Proposals
Appendix B: Evaluation Worksheet for Final Project Implementation Plans
Appendix C: ND NPS Pollution Management Program Task Force Section 319 Project
Proposal Review Process, Policies and Schedule
Appendix D: NPS Program Monitoring Strategy
Appendix E: Key Components of an Effective NPS Pollution Management Plan
Appendix F: Summary Table of Partner Organization Assistance to the NPS Program
Appendix G: NPS Projects Supported with Section 319 Funds as of January 1, 2021ND Nonpoint Source Pollution Management Program Plan: 2021-2025 Page 1 of 22 I. INTRODUCTION When the Clean Water Act (CWA) was reauthorized in 1987 with the inclusion of nonpoint source pollution control provisions under Section 319, states were provided the means to more effectively address water quality impairments caused by nonpoint source pollution (NPS pollution). Under Section 319 of the CWA, each state was required to develop a state management plan describing NPS pollution impairments in the state and actions to be taken to address those impairments. The State of North Dakota submitted and received approval from the Environmental Protection Agency (EPA) for its first Nonpoint Source Pollution Management Plan in 1988. The original plan underwent a significant revision in February 1999 followed by several minor revisions between 1999 and 2008. Starting in 2010, a 5-year cycle was established to conduct regular updates to the management plan. Under this schedule, the management plan was revised in 2015 and scheduled for another update in 2020 to set direction for the Nonpoint Source Pollution Management Program (NPS Program) from 2021-2025. During the 2021-2025 period for the Nonpoint Source Pollution Management Program Plan (Management Plan), the NPS Program will continue to be a voluntary, incentive-based program. As in past years, the program will remain focused on the delivery of financial and technical assistance to address local NPS pollution abatement priorities. Working with program partners, the NPS Program will also remain focused on the promotion and implementation of a watershed approach to protect or restore beneficial uses threatened and/or impaired by NPS pollution. Implementation of the Management Plan will be accomplished through a coordinated effort with local, state and federal agencies as well as nongovernmental organizations (NGOs). Through the formation of these partnerships, the necessary financial and technical resources will be available to local sponsors to meet their goals and demonstrate that nonpoint source pollution control or prevention can be accomplished effectively and voluntarily. Ultimately, the success of the NPS Program will be dependent on the ability of the local sponsors and their partners to demonstrate to agricultural producers and the general public that NPS pollution control and water quality improvement practices are compatible with and, in many cases, can enhance sustainable agricultural production. The Management Plan includes three specific sections that describe the implementation of the NPS Program. The Program Overview section identifies the NPS Program long term vision and mission and as well as the goals for the Management Plan’s 5-year period. The basic components of the NPS Program are also summarized in the Program Overview section. Implementation of the Management Plan is described in the five subsections under the Program Delivery section. Each Program Delivery subsection identifies the objectives and associated actions that will be initiated to achieve the 5-year goals for the Management Plan. The Evaluation section, which is the final section, describes the measurable outputs to be tracked to define progress at the program and project levels.
ND Nonpoint Source Pollution Management Program Plan: 2021-2025 Page 2 of 22
II. PROGRAM OVERVIEW
A. Program Mission, Vision and Goals
The North Dakota NPS Program vision is to abate all NPS pollution threats and impairments to
the beneficial uses of waters of the state.
To accomplish the vision, the mission for the NPS Program is to implement a voluntary,
incentive-based program that restores and protects the chemical, physical, and biological integrity
of waters where the beneficial uses are threatened or impaired due to nonpoint sources of
pollution.
Five goals have been established to maintain progress toward the mission and vision over the next
5 years (i.e., 2021-2025).
Goal 1: Expand the number and distribution of assessed waterbodies in the state to better
define local and statewide needs for addressing the sources and causes of NPS pollution
threatening or impairing waterbody beneficial uses.
Goal 2: Through the local watershed projects, improve water quality trends and/or restore
impaired beneficial uses of 5 waterbodies by 2025.
Goal 3: Increase public awareness and understanding of the sources and causes of NPS
pollution as well as the feasible and sustainable solutions for addressing NPS pollutants
impairing the beneficial uses of waterbodies.
Goals 4: Increase the capacity and ability of soil conservation districts and other resource
managers to develop and implement comprehensive watershed-based projects to address
local water quality priorities.
Goal 5: Support the implementation of the components of the ND Nutrient Reduction
Strategy for Surface Waters that are focused on evaluating and/or addressing nonpoint
sources of nitrogen and phosphorus.
Advancement toward the NPS Program mission and vision will ultimately be measured by the
outcomes of actions related to the five NPS Program Goals and the Delivery objectives described
in Section III. Measures that may be used to evaluate success include stream or lake water quality
data; modeled pollutant load reductions; public survey results; acres of applied BMPs; impaired
waterbodies assessed or restored; and healthy watersheds protected. Annual and final reports
entered in the EPA Grants and Reporting System (GRTS) will be the primary means used to
report and document project-specific progress to the EPA. The applicable EPA performance
measures (e.g., WQ-10) will also be used to report on projects where a beneficial use has been
fully restored. Communication with North Dakota residents regarding program progress will be
another important reporting component for the NPS Program. The NPS Program website,
articles, social media, newsletters, meetings, radio, and other forms of media will be used to
“report to the public” on progress toward statewide and local NPS pollution management goals.ND Nonpoint Source Pollution Management Program Plan: 2021-2025 Page 3 of 22 B. Program Technical Support Given the diversity of the NPS Program, successful implementation of the Management Plan requires the involvement of Department personnel with a wide range of water quality and watershed management expertise. To ensure the appropriate technical support is available, state general funds and approximately 20% of the state’s annual Section 319 allocation are used to support Department staff assisting with the implementation of the Management Plan. These funds are used to support staff involved with: 1) program administration and coordination; 2) information and education (I/E) programs; 3) watershed assessment and implementation projects; 4) analysis of water quality and biological samples collected within project areas; 5) maintenance of the GRTS; 6) data management and interpretation; and 7) inspection of manure management systems supported by the NPS Program. Most of the NPS Program technical assistance is directed toward local and statewide projects supported by the NPS Program. This technical support is focused on strengthening the abilities of project staff and sponsors to: assess NPS pollution impacts; document water quality trends and/or improvements; expand educational efforts; and ultimately, develop stronger more focused NPS pollution management projects. While the primary responsibilities of the different staff positions are focused on specific components of the Management Plan, many of the NPS Program’s objectives and tasks require involvement from several Department staff. Consequently, most of the work activities for the different personnel positions are interdependent. Specific Department positions involved in the NPS Program are as follows: ✓ Water Quality Division Director & Watershed Management Program Manager ✓ NPS Pollution Management Program Coordinator ✓ Environmental Scientist (Watershed Planning & I/E Program Coordination) ✓ Environmental Scientist (Monitoring and Assessment Assistance) ✓ Environmental Scientist (Groundwater Monitoring) ✓ Chemists (Sample Analysis) ✓ Environmental Scientist/Engineer (Animal Feeding Operation Inspections) ✓ Staff Support The staffing and support workplans for Department staff assisting with the implementation of the Management Plan are posted under each grant year in the EPA Grants Reporting and Tracking System (GRTS).
ND Nonpoint Source Pollution Management Program Plan: 2021-2025 Page 4 of 22
C. Major NPS Pollutants
Within any watershed, the amount and type of NPS pollution can be variable and dependent on
many natural or anthropogenic factors. Some of the natural factors that affect NPS pollution
delivery rates in the state include precipitation intensity and frequency, wind, soil type, salinity
and topography. Alteration of the physical landscape through various land management activities
such as construction; overgrazing; excess tillage; concentrated livestock feeding area; surface and
tile drainage; stream channelization; and wetland drainage can also influence the type and amount
of NPS pollution delivered to a waterbody. Land use activities such as these are manageable and
will be the focus of restoration or protection projects supported by the NPS Program. Table 1
lists the potential sources of NPS pollutants in the state.
Table 1. Landuse Categories and Subcategories that are Potential NPS Pollution Sources
Agriculture Resource Extraction/Exploration/Development
Non-irrigated crop production Surface mining
Irrigated crop production Subsurface mining
Pasture grazing - riparian and upland Petroleum activities
Pasture grazing - riparian Abandoned mining (gravel pits)
Pasture grazing - upland
Concentrated animal feeding operations Land Disposal (runoff/leachate from areas)
Rangeland - riparian and upland Sludge
Rangeland – riparian Wastewater
Landfills
Construction Runoff Industrial land treatment
Highway/road/bridge construction On-site wastewater systems (septic tanks, etc)
Silviculture Habitat Modification
Harvesting, restoration, residue management Removal of riparian vegetation
Forest management Bank or shoreline modification/destabilization
Logging road construction/maintenance Drainage/filling of wetlands
Other Hydromodification
Golf Courses Dredging
Erosion from derelict land Dam construction
Atmospheric deposition Upstream impoundment
Waste storage/storage tank leaks Flow regulation/modification
Spills
Natural sources Urban Runoff/Storm Sewers
Internal nutrient cycling Nonindustrial
Sediment re-suspension Industrial
Surface and tile drainage systems Surface runoff
Other urban runoff
Highway/road/bridge runoff
_____________________________________________________________________________________________
The NPS pollutant sources listed in Table 1 represent a universal list of potential NPS pollution
sources in the state. While all these sources are present, under proper management, NPS
pollutants originating from any of these sources can be greatly diminished. The NPS Program
will focus on those sources needing better management. During the Management Plan period,
potential NPS pollutant sources that will generally be targeted include agricultural lands;
degraded riparian areas; animal feeding operations; and failed on-site wastewater treatment
systems. NPS pollutants associated with these sources include nitrogen, phosphorus, sedimentND Nonpoint Source Pollution Management Program Plan: 2021-2025 Page 5 of 22
and E. coli bacteria. However, when other less common NPS pollutants are causing the beneficial
use and/or water quality impairments, projects addressing those pollutants will also be eligible for
NPS Program support.
D. Project Types and Focus
Given the size of the agricultural industry in North Dakota, a majority (i.e., >80%) of the Section
319 funds awarded to the state will be used to evaluate and address NPS pollution associated with
agricultural production. These funds will be used to support educational activities; conduct
watersheds assessments; implement watershed restoration projects and support the
implementation of best management practices (BMP). Most BMP supported by the NPS Program
will address NPS pollution associated with the management of cropland, livestock manure,
grazing lands and riparian corridors. On cropland and grazing land, the focus will be on
improvement of soil health and restoration of degraded soils. Where applicable, management of
nutrients and tile drain systems on cropland will also be addressed. Structural and management
practices designed to improve management of concentrated feeding areas and livestock grazing
will be used to minimize water quality impacts associated with excess manure accumulations and
over utilization of grazing land or riparian corridors. Educational programs will be conducted at
both the state and local levels and range in size from simple one day events to multi-year
programs that provide “one-on-one” mentoring services. Section 319 funds will also be used to
support watershed assessments to document existing water quality/beneficial use conditions and
identify the sources and causes of NPS pollutants impairing the beneficial uses. Major non-
agricultural NPS pollution sources that may also be addressed in the project areas include failed
onsite sewage treatment systems and eligible urban areas.
Annually, the NPS Program uses Section 319 funding to support 25-30 NPS pollution
management projects throughout the state. While the length, size, target audience, and structure
of the projects may vary significantly, they all share the same basic objectives. These common
objectives are: 1) increase public awareness of NPS pollution issues and solutions; 2)
reduce/prevent the delivery of NPS pollutants to waters of the state; and 3) evaluate benefits of
the project. Projects supported by the NPS Program will generally fall under one of four different
categories that describe the basic focus of the project. These project categories are: 1)
development phase projects; 2) watershed projects; 3) support projects; and 4)
information/education projects. A brief description of each project category is as follows:
Development Phase Projects: Development phase projects are the first step in determining
NPS pollution management needs and solutions. The watershed scale assessment projects
under this category are generally initiated by local groups or organizations in response to
an observed water quality problem and/or other information on water quality conditions of
a specific waterbody (e.g. lake water quality reports). Information and/or data collected
through the watershed assessment projects is typically used to: 1) determine the extent of
beneficial use impairments associated with NPS pollution; 2) identify sources and causes
of NPS pollution; 3) establish watershed-specific NPS pollutant reduction targets; 4)
identify feasible solutions to achieve NPS pollutant load reduction goals; and 5) develop a
Total Maximum Daily Load (TMDL), when applicable. In addition to the watershed
assessments, the development phase projects also may include projects focused on the
watershed project development; public outreach; assessment tool development; or theND Nonpoint Source Pollution Management Program Plan: 2021-2025 Page 6 of 22 evaluation of new or emerging NPS pollutant sources and causes. The development phase projects are generally one to two years in length. Watershed Projects: Watershed projects are the most comprehensive and long-term projects implemented through the NPS Program. These projects are designed to address NPS pollution impacts identified through previous development/assessment projects or TMDL reports. The basic goal of the watershed projects is to restore or protect the beneficial uses of waterbodies that are impaired or threatened by NPS pollution. This watershed project goal is generally accomplished by; 1) promoting voluntary adoption of specific BMPs; 2) providing financial and technical assistance to implement BMPs; 3) disseminating information on the project and solutions to identified NPS pollution impacts; and 4) evaluating progress toward meeting NPS pollutant reduction goals. Local sponsors utilize multiple funding sources whenever possible to support their watershed restoration efforts. These sources may include Section 319 funds, USDA cost-share, North Dakota Outdoor Heritage funds (OHF Funds), and local contributions. Section 319 funding allocated to a watershed project is typically used to employ staff, cost-share BMPs, conduct I&E events, and monitor trends in the aquatic community, water quality and/or land use. Watershed projects, which are generally initiated as five-year projects, can be extended another five or more years depending on progress; size of the watershed; and extent of beneficial use impairments associated with NPS pollution. To effectively reduce or eliminate the transport of NPS pollutants to surface and/or ground water resources, various “source control” measures are implemented within the watershed project areas. These source control measures or BMPs are designed to: 1) prevent pollutants from leaving a specific area; 2) reduce/eliminate the introduction of pollutants; 3) protect sensitive areas; and/or 4) prevent interaction between precipitation and pollutants. Specific BMPs supported by the NPS Program and the associated Section 319 cost share policies are described the “North Dakota Nonpoint Source Pollution Management Program Cost Share Guidelines for Nonpoint Source Pollution Control Best Management Practices” (BMP Cost Share Guidelines). The web address for the BMP Cost Share Guidelines is: https://deq.nd.gov/WQ/3_Watershed_Mgmt/1_NPS_Mgmt/NPS.aspx. Within each watershed project, the type of BMPs implemented will be dependent on the: 1) NPS pollutants being addressed; 2) specific sources and causes of NPS pollution; 3) NPS pollution delivery mechanisms; and 4) feasibility and affordability of the prescribed BMPs. Support Projects: These are projects that support BMP implementation within other NPS project areas or address a specific NPS pollutant source. Support projects can be statewide in scope or targeted toward specific NPS projects, geographic areas or priority watersheds. Generally, support projects deliver a specific specialized service or provide financial and/or technical assistance to implement a specific type of BMP. Services provided by these projects may include the development of construction designs and/or planning and financial assistance to implement BMPs such as livestock manure management systems; wetland restorations and/or riparian buffers. Most support projects will be 5 or more years in length.
ND Nonpoint Source Pollution Management Program Plan: 2021-2025 Page 7 of 22
Information/Education Projects: The fourth type of NPS project is the
information/education (I/E) project. As the name implies, projects in this category are
designed to educate the public on various NPS pollution issues. Educational projects can
vary greatly in size, focus and target audience and be delivered statewide or locally. Some
projects may only use demonstrations or workshops to reach the target audience while
others combine several educational offerings to deliver a NPS pollution management
message. The information/education projects can be one to three years in length, with the
option to extend the project an additional three years, if adequate progress is
demonstrated.
A majority of the NPS Program projects are sponsored and managed by soil conservation districts
(SCDs). Other project sponsors include water resource boards (WRBs), universities,
nongovernmental organizations (NGOs), cities and other state agencies. NPS Program financial
assistance provided to the project sponsors is typically used to support activities such as staffing;
BMP implementation; biological and water quality sample collection; and public meetings or
other I/E events. NPS Program staff also provided technical support to project sponsors for
project planning and management; data interpretation, and sample analysis. Two NPS Program
databases are provided to the project sponsors to manage the Section 319 funds allocated to the
project and track the location, amount, cost and type of BMPs supported with Section 319
funding. Section 319 funding awarded to the projects is provided at a 60% Section 319 and 40%
local matching ratio. The local match, which can be in the form of cash and inkind services, is
generally derived from several program partners including SCDs, WRBs, city councils, private
foundations, landowners, state agencies, NGOs, and agricultural companies.
E. Project Review Process
The North Dakota NPS Pollution Management Task Force (Task Force) serves as the advisory
board to the NPS Program for the development and implementation of the Management Plan.
The main function of this multi-agency board is to provide recommendations on proposed
projects to help ensure a balanced NPS Program is implemented in North Dakota. Through the
Task Force meetings, the members are given the opportunity to review projects seeking Section
319 financial support. Discussions during the annual project reviews also serve as a catalyst for
creating more coordination between the organizations represented on the Task Force and the NPS
project sponsors. The Task Force has 28 members representing NGOs, as well as local, state and
federal agencies (Table 2).
The Task Force project review process involves two steps. The first step of the process is focused
on the review of draft project proposals. During this step, representatives of the sponsoring
entities are invited to the Task Force meeting to present their project and answer any questions
from the Task Force members. Following the presentations, the Task Force discusses the
eligibility, strengths, weaknesses, goals and objectives of each draft proposal. Through the Task
Force discussions and the draft proposal evaluation worksheets (Appendix A), the NPS Program
is provided input on the appropriateness of the projects as well as comments on components of
the project plans that need improvement or clarification. All the Task Force comments are shared
with the project sponsors to assist them in completing the final project implementation plans
(PIP).ND Nonpoint Source Pollution Management Program Plan: 2021-2025 Page 8 of 22 For the second step, the Task Force is provided the opportunity to comment on the “programmatic” benefits of each project. During this phase of the review, the final PIPs are provided to the Task Force members along with a summary of the revisions to each PIP. Rather than a face-to-face meeting, this step is facilitated through a conference call or written correspondence. When reviewing the final PIPs, the Task Force members are asked to evaluate criteria such as: 1) project location; 2) potential for statewide application; 3) innovativeness; 4) transferability of information; 5) benefits to ongoing projects; and 6) cost effectiveness. The Task Force members are given the option to complete a final project proposal evaluation worksheet (Appendix B) or provide comments on specific sections of a PIP. Feedback from the Task Force is used to update the final PIPs before they are submitted to EPA for final funding consideration. An approximate schedule for the annual Task Force review process and a more detailed description of the review process and policies are included in Appendix C. Table 2. Nonpoint Source Pollution Task Force Members _____________________________________________________________________________ Public/Private Organizations ND Association of Soil Conservation Districts ND Farm Bureau ND Farmers Union ND Grain Growers Association ND Pork Producers ND Natural Resources Trust ND Rural Water Systems Association ND Stockmen’s Association Red River Basin Commission State Agencies ND Department of Agriculture ND Department of Environmental Quality ND Game and Fish Department ND Geological Survey ND Parks and Recreation Department NDSU Agricultural Extension Service NDSU Ag Extension Service--Soil ND State Water Commission Conservation Committee ND Forest Service ND Governor’s Office Federal Agencies USDA Agricultural Research Service USDA Farm Services Agency USDA Natural Resource Conservation Service USDA Forest Service USDA Rural Development USDI Bureau of Land Management USDI Fish & Wildlife Service USDI Geological Survey US EPA Region VIII
ND Nonpoint Source Pollution Management Program Plan: 2021-2025 Page 9 of 22 III. PROGRAM DELIVERY Delivery of the NPS Program will be accomplished through five interrelated objectives addressing: Waterbody Prioritization; Resource Assessment; Project Assistance; Coordination; and Information & Education. Each objective includes several actions to be initiated and/or completed during the Management Plan period. These actions describe the types of events or activities that will be implemented to advance toward the Delivery Objectives and NPS Program goals. The planned milestones and outputs for each action will be used to gauge interim progress. Since many of the outputs may be connected to the actions of several Delivery Objectives, the planned outcomes resulting from the cumulative actions of the NPS Program are provided in the Evaluation Section. A. Waterbody Prioritization At the state level, the most current Integrated Report serves as the main information source for establishing NPS Program priorities. Waterbodies on the 303(d) list that are ranked as high priority for TMDL development and those with approved TMDLs are always considered priority waterbodies for assessment or restoration under the NPS Program. Locally, the Integrated Report is also used for prioritization purposes, but other sources such as TMDLs; survey results; applied BMP data; and NPS Pollution Assessment Reports are also used to further define local priorities for watershed assessment, restoration or protection projects. From a protection standpoint, waterbodies that are identified as having no beneficial use impairments through a local assessment project are also recognized as priority waters by the NPS Program. During priority setting for watershed assessment projects, the project partners can use additional criteria to more accurately represent local priorities. Initially, the NPS Program priority waterbodies are reviewed with the project partners to provide a starting point for establishing the local assessment priorities. Observed conditions, local interest and resource limitations are some additional factors project sponsors may consider when identifying watershed assessment priorities. They also have the option to include un-assessed waterbodies on their priority list. These un-assessed waterbodies are only added if local interest is high and observed conditions suggest beneficial uses are impaired. The local assessment priorities established through this process may include a single waterbody or several waterbodies scheduled for assessment over multiple years. Waterbodies with a completed watershed assessment or a TMDL, are considered priorities for the implementation of corrective or protection measures. Locally, if the number of assessed waterbodies is limited and significant local interest exists, prioritization is a very straight forward process whereby waterbody restoration or protection projects are simply implemented as the assessments are completed. However, occasionally, some high priority waterbodies may not proceed beyond the assessment phase due to various reasons (e.g., limited landowner interest, lack of local support). Under these situations, the watershed for the impaired waterbody is considered a priority area for educational efforts to strengthen support by increasing awareness and understanding of the NPS pollution impacts and solutions. As a third implementation priority, if a common NPS pollutant source is contributing to the impairment of beneficial uses in multiple watersheds, the pollutant source itself can be identified
ND Nonpoint Source Pollution Management Program Plan: 2021-2025 Page 10 of 22
as a high priority and targeted for abatement activities. Concentrated livestock feeding areas,
declining riparian areas and degraded soils are examples of priority sources in the state. Projects
focusing on priority sources are typically implemented statewide or at the basin level.
Within the priority watersheds, further prioritization is also accomplished with the Annualized
Agriculture Nonpoint Source Pollution model (AnnAGNPS) or the Prioritize, Target and Measure
Application (PTMApp). Both models are used to identify areas and/or sub-watersheds within the
priority watersheds that are potential sources of nitrogen, phosphorus and/or sediment. These
target areas are the focus for BMP implementation within the watershed project areas. The
AnnAGNPS model is used throughout the state to map the priority areas for watersheds receiving
Section 319 support. Generally, the priority areas identified with AnnAGNPS range in number
from a few to over one hundred per watershed. The PTMApp also provides the means to identify
priority areas within the watershed project areas. However, the PTMApp also allows the user to
easily “zoom-in” to identify critical sites within specific agricultural fields or subwatersheds to
assist with BMP planning. The PTMApp also provides estimates for downstream NPS pollutant
reductions associated with applied BMPs as well as cost estimates for those reductions. The
PTMApp is only available for the watersheds of the Red and James River basins in the state.
Prioritization Objective: Provide direction for the delivery of financial and technical assistance
to assess, restore or protect waterbodies impaired or threatened by NPS pollution
NPS Program priorities are intended to be dynamic and subject to revision as new data become
available. As such, program priorities will be reviewed annually and adjusted, accordingly, to
keep the program focused on the most pressing needs in the state. When appropriate, the
Management Plan will also be updated to address significant priority changes.
Given the variability in local interest and resources, the NPS Program priorities are not defined by
a list of specific waterbodies. Instead, the NPS Program priorities are defined by narrative
descriptions of waterbodies that are eligible project areas. During the local prioritization process,
additional criteria will be used to further define the NPS priorities to identify specific waterbodies
to be addressed. Descriptions for the NPS Program waterbody priorities for the Management Plan
period are as follows:
• Waterbodies on the most current 303(d) list with impaired beneficial uses due to NPS
pollution
• Waterbodies with an approved TMDL that addresses NPS pollution impairments.
• Locally assessed waterbodies that have a beneficial use impairment that can be attributed
to NPS pollution. [Note: This will generally include waterbodies that are not yet included on the 303(d)list due to
the timing of the Integrated Report development.]
• Lakes with chronic harmful algal bloom occurrences
• Waterbodies that are fully supporting all beneficial uses, but threatened by potential NPS
pollutants
• Priority sources will include small and medium animal feeding operations, degraded
riparian areas, cropland with saline areas and/or impacted by frequent flooding, and failed
septic systems.ND Nonpoint Source Pollution Management Program Plan: 2021-2025 Page 11 of 22
B. Resource Assessment
Projects designed to assess and document the extent of beneficial use impairments associated with
NPS pollution are a critical component of the NPS Program. Data collected through assessment
efforts are used to define state and local NPS pollution management needs as well as provide
direction for ongoing and future educational initiatives.
Assessment of the conditions and trends of beneficial uses and water quality is accomplished
through the Watershed Management Program (WMP) monitoring programs as well as through
local assessment projects targeting small watersheds. At the state level, all data (e.g., water
quality, biological) collected by the WMP and the local watershed projects are compiled and
interpreted on a biennial basis to develop the Integrated Reports. The 303(d) list and other
information in the Integrated Reports, not only help in prioritizing watersheds for restoration
work, but they also aid in directing local partners to waterbodies that need further assessment to
define restoration needs. At the local level, data collected through the watershed assessments are
used to develop TMDLs and/or NPS pollution assessment reports that: 1) document beneficial use
impairments; 2) identify NPS pollutant causes/sources; and 3) establish goals for landuse
improvement and NPS pollution reduction. This same data is also used to accomplish NPS
Program assessment and prioritization objectives as well as to update future Integrated Reports.
The most current Integrated Report is posted on the Department’s web site:
https://deq.nd.gov/wq/3_Watershed_Mgmt/2_TMDLs/TMDLS_IR.aspx.
In recent years, advisories and beach closures due to harmful algal blooms (HABS) have
increased public questions regarding the sources and causes of HABs as well as potential
solutions. This increased public attention has emphasized the need to expand NPS Program
assessment efforts to include data collection on lakes impacted by HABs to better define the
internal and external sources and causes of the HABs. This type of data will provide the
foundation needed to better address public concerns by identifying future actions that could be
taken to minimize the intensity, duration and frequency of HABs and improve the recreational
uses of the impacted waterbodies.
Assessment Objective: Document beneficial use and water quality conditions of priority
waterbodies and/or watersheds and identify the sources and causes of beneficial use impairments.
2021-2025 Assessment Actions:
• Provide financial and technical assistance to develop and implement watershed
assessments that document the sources and causes of NPS pollutants impairing beneficial
uses. Milestone: Six new watershed assessments initiated from 2021-2025.
• Support costs associated with sample collection, analysis and data interpretation to
determine the need for public advisories in waterbodies experiencing HABs. Milestone:
Ongoing; 15 lakes monitored annually
• Support research/assessment projects on 2 lakes experiencing chronic HABs to evaluate
temporal trends in nutrient concentrations; contributions from internal and externalND Nonpoint Source Pollution Management Program Plan: 2021-2025 Page 12 of 22
nutrient sources; watershed and in-lake management solutions; etc. to establish an
assessment process for identifying sources and causes of HABs in lakes and reservoirs.
Milestone: Research/assessments initiated in 2021 and 2022 and rapid assessment
process developed by 2025
• Determine technical, financial and delivery options for a statewide citizen monitoring
program and implement a pilot program. Milestone: Complete program framework and
establish pilot program partnerships in 2021; Implement pilot program in 2022
• Coordinate with universities as well as other partners to implement field scale assessment
or research projects to evaluate soil health management system effects on water quality at
the field edge and in nearby receiving waters (e.g., streams, wetlands, lakes, etc.).
Milestone: Initiate in 2022; Interim report on the benefits/impacts by 2025
• Conduct bacterial source tracking to determine sources of E. coli bacteria in waterbodies
with chronic recreational use impairments. Milestone: Up to 2 waterbodies annually
• Initiate a small watershed pilot project (e.g., 12-digit HU or less) to evaluate the
effectiveness of using PTMApp at the watershed scale to develop a targeted BMP
approach to reduce nutrient and sediment loads/concentrations. Extent of land treatment
to achieve water quality goals established with PTMApp will also be evaluated.
Milestone: Initiate the demonstration in 2022; Trends and benefits report by 2025
• Evaluate the feasibility and utility of using remote sensing for assessing HABs, potential
reference sites; riparian conditions; etc. Milestone: Summary of remote sensing options,
costs, accuracy, applications, etc. in 2023.
C. Project Assistance
As a voluntary, incentive-based program, successful development and implementation of NPS
pollution management projects will be dependent on local support and involvement. Local
participation during project development provides the opportunity to design project plans with
goals and objectives that are focused on local and state water quality and NPS pollution priorities.
Although the length, size, type, and target audience of the NPS projects may vary greatly, they all
share the same basic objectives. These common objectives are: 1) increase public awareness of
NPS pollution, 2) reduce/prevent the delivery of NPS pollutants to waters of the state, and 3)
disseminate information on effective solutions to NPS pollution.
To assist local entities in meeting their project goals, the NPS Program provides financial and
technical assistance for a variety of project activities including educational events; BMP
implementation; water quality monitoring; and conservation planning. Projects focused on
education are typically initiated to familiarize the general public or a specific audience (e.g.,
agricultural producers) with the types of NPS pollution in the state or local area, as well as the
various methods available for NPS pollution control. In conjunction with the educational
activities, many projects, particularly the watershed projects, also provide financial and technicalND Nonpoint Source Pollution Management Program Plan: 2021-2025 Page 13 of 22 assistance to plan and implement BMPs that reduce or prevent NPS pollution. Ultimately, the success of the NPS projects will be dependent on the sponsors’ ability to educate residents on NPS pollution issues and solutions and achieve widespread voluntary implementation of the appropriate corrective measures. Financial and technical assistance provided by the NPS Program is typically used to support project staff, BMP implementation, water quality monitoring, and public meetings or other information/education (I/E) events. The Section 319 funding allocated to the local sponsors is provided at a 60% Section 319 and 40% local matching ratio. The local match, provided in the form of cash and/or inkind services, can be derived from many different partners including, soil conservation districts, water resources boards, city councils, private foundations, landowners, NGOs, agricultural groups and state agencies. The Natural Resources Conservation Service (NRCS) is a major source of federal financial and technical assistance for most of the watershed projects. Technical assistance provided by NRCS generally includes staff time to assist with landuse assessments, public meetings, educational events and/or farm unit planning. Office space and some equipment may also be provided to the NPS projects. The USDA cost share programs provide the additional financial support needed to expand the implementation of BMPs within the watershed projects. The Environmental Quality Incentive Program (EQIP) in particular, has proven to be a valuable program for many NPS projects to help meet their BMP implementation goals and objectives. From a state perspective, two main sources of financial assistance are available to NPS projects. These sources are the State Water Commission Trust Funds and the Outdoor Heritage Fund. The funds provided through these state programs are not direct appropriations, but instead, they are available through a competitive application process and subject to approval by the state agencies administering the funds. The budgets for both state funding pools are set on a biennial basis by the state legislature. The State Water Commission Trust Fund (SWC Trust Fund) has been a consistent source of state funding available to the Department for qualifying NPS projects. Qualifying projects are limited to those that provide engineering assistance to other NPS projects. The SWC Trust Funds must be secured by the Department from the State Water Commission through a biennial application process. Each biennium, up to $200,000 in SWC Trust Funds can be awarded to the Department to support eligible NPS projects. For the successful applicants, the SWC Trust Funds fulfill the 40% match requirement associated with Section 319 funds used to support the development of engineering designs for BMP such as livestock manure management systems and riparian restoration projects. During the 2013 legislative session, the ND legislature passed a bill to create and fund the ND Outdoor Heritage Fund (OHF). The original legislation committed up to $40 million per biennium to support projects addressing natural resource management and outdoor recreation. Although the funding commitments per biennium have declined since 2013, water quality management is still recognized as one of the eligible resource concerns under the OHF. These funds are available through a competitive grant application process conducted on a semiannual basis throughout each biennium. Looking forward, under this Management Plan, it is expected the OHF funds will continue to be available. However, the total funding available each biennium
ND Nonpoint Source Pollution Management Program Plan: 2021-2025 Page 14 of 22
will vary due to fluxuations in the tax revenues used to support the OHF fund.
Although direct state or federal funding allocations are the main sources of revenue for NPS
projects, the cash and inkind match contributions from the sponsoring entities, project partners,
and agricultural producers are also a significant part of NPS project budgets. These local
contributions typically represent a majority of the required non-federal match commitments for
the NPS projects. As such, participating producers, project sponsors and their partners, not only
play a lead role in implementing the NPS projects, but they are also key sources of financial
support for the NPS projects and NPS Program. Table 3 lists some of the sponsoring entities and
financial partners that may provide support for the development, implementation and/or
management of NPS projects over the next 5 years.
Table 3. Local NPS project sponsors and financial partners.
______________________________________________________________________________
Soil Conservation Districts State Water Commission Lake Associations
Water Resource Districts N.D Department of Agriculture Grazing Associations
City Councils Pheasants Forever Universities
ND Stockmen’s Association County Commissions Ducks Unlimited
Industrial Commission (OHF) ND Game & Fish Department Wildlife Clubs
NDSU Extension Service Commodity Groups Landowners/Producers
Successful delivery of the NPS Program requires a significant amount of assistance from all
partners involved in the NPS projects. The specific type and amount of assistance needed by the
NPS projects is variable and usually dependent on several factors. However, the most common
factors are typically limited financial and technical resources to develop and implement a
comprehensive project plan. Delivery of NPS Program assistance will focus on providing the
means to address these limitations to ensure NPS project sponsors can implement effective
projects.
Assistance Objective: Coordinate with local partners to secure financial and technical resources
to support the development and implementation of priority watershed assessments; educational
programs and watershed restoration or protection projects.
2021-2025 Assistance Actions:
• Implement a delivery process to increase the level of watershed management planning
assistance available to soil conservation districts and other resource management
organizations to increase their capacity to develop and implement strategies addressing
water quality impairments, soil degradation, and other natural resource challenges.
Milestone: Initiate in 2021
• Provide sample collection training; analytical support and data interpretation for samples
collected within NPS projects to document: 1) water quality and beneficial use conditions,
2) sources and causes of NPS pollution, and/or 3) progress toward water quality goals and
objectives. Milestone: Ongoing annuallyND Nonpoint Source Pollution Management Program Plan: 2021-2025 Page 15 of 22
• Develop and implement 10 “new” NPS pollution management projects. These projects
will include education, support and watershed projects. Milestone: Two new projects
initiated annually
• Oversee the management and implementation of 25-30 active NPS projects, annually.
Appendix G lists the active NPS projects as of 1/1/2021. Milestone: Ongoing
• Initiate watershed restoration projects that identify and address in-lake and watershed
nutrient sources and causes for 2 lakes. Emphasis will be placed on projects focused on
lakes experiencing frequent HABs. Milestone: Initiate projects in 2023 and 2024
• Develop a web-based reporting system to streamline information and data transfer
between the NPS projects and Department. This may include platforms for tracking BMP
implementation and facilitating the transfer of reports, reimbursement requests,
agreements, load reduction data, etc. Milestone: Web-based data management system
completed in 2024
• Expand the extent and type of technical assistance available to producers implementing
soil health/regenerative ag systems by supporting producer-to-producer mentoring
programs. Milestone: Ongoing annually
• Solicit funding from other state and federal programs (e.g., Outdoor Heritage Funds,
USDA Resource Conservation Partnership Program) to increase the level of funding
committed to NPS pollution management in the state. Milestone: Ongoing annually
• Support development/maintenance of watershed models (e.g., AnnAGNPS, PTMApp) and
provide user training to strengthen the ability of local resource managers (e.g., SCD staff,
watershed coordinators, NRCS) to prioritize, plan and implement comprehensive
watershed restoration projects addressing NPS pollution impairments. Milestone: Model
development/maintenance is ongoing; PTMApp Training in 2021
• Evaluate options for the Department to host and maintain the PTMApp model. Milestone:
Identify preferred option by 2022.
• Support the development and implementation of a process for recognizing and verifying
the natural resource/water quality benefits of management systems implemented by
agricultural producers in the state. Milestone: Pilot program established in 2022
D. Coordination
With limited resources at the state and local level, effective delivery of the NPS Program requires
a significant amount of coordination with other federal, state, and local agencies; landowners;
agricultural producers; and NGOs. The primary means for coordinating statewide efforts is
through direct interaction with resource management partners (e.g., NRCS, SCDs, Extension
Service) as well as through the North Dakota NPS Pollution Task Force (Task Force).ND Nonpoint Source Pollution Management Program Plan: 2021-2025 Page 16 of 22 Locally, coordination is primarily accomplished through direct contact and participation in project sponsor meetings. As the local projects mature, coordination will be primarily accomplished through regular communication with the project staff. Interaction with project staff will generally focus on day-to-day program delivery. Attendance and participation in project sponsor meetings will also provide the means to maintain close coordination regarding project management and progress. At the state level, the annual NPS Task Force project proposal review process offers a forum to connect NPS project sponsors with potential partners on the Task Force. During the Task Force review process, the members are given the opportunity to become familiar with the new NPS projects seeking Section 319 financial support and the local project sponsors are given the opportunity to describe their projects to multiple potential partners in one setting. This interaction between the Task Force members and local sponsors serves as the catalyst for follow-up contacts between interested organizations on the Task Force and the local NPS project sponsors. The Task Force meetings also provide the outlet for its members to exchange information on how and where their agency programs are addressing water quality issues in the state. The partnership between the NPS Program and NRCS is a key relationship for most of the state’s NPS pollution management efforts. Nearly all the Section 319 watershed projects utilize USDA Programs (e.g. EQIP, EWP, CRP), to some degree, to increase the amount of financial resources available for BMP planning and implementation. When possible, the NRCS also provides training and technical support to NPS project staff to assist them in conducting riparian assessments, developing conservation plans, evaluating range conditions, and planning or designing manure management systems. Most NPS watershed project coordinators are also co- located in a NRCS field office. By coordinating multiple funding sources and co-locating staff with NRCS, the NPS projects can implement more BMPs, which greatly enhances the effectiveness of their NPS pollution abatement efforts. Given the benefits of the NRCS/NPS Program partnership, all NPS project sponsors are encouraged to utilize the USDA programs, when possible; to compliment Section 319 funding budgeted for BMP implementation. Coordination and cooperation between the NRCS and NPS Program was further strengthened in 2015, with the signing of a memorandum of understanding (MOU) that recognizes the Department as a conservation cooperator. With the MOU, data sharing was simplified and the relationship between BMP applied through the NRCS programs and water quality trends can be interpreted more accurately in NWQI watersheds and watershed projects supported with Section 319 funding. The NDSU Extension Service (Extension Service) is another major partner of the NPS Program. At the state level, the Extension Service has taken the lead role in delivering an educational program focused on improving livestock manure management. This program not only assists the NPS Program in educating livestock producers, but it also serves as a technical support program for NPS project staff providing planning assistance focused on manure management. In addition to this program, the Extension Service has also sponsored other projects focused on issues such as: 1) development of riparian ecological site descriptions; 2) documenting the benefits of BMPs; and 3) managing soil salinity and soil health. County Extension Agents are also involved in the planning and delivery of many of the educational events sponsored by NPS projects.
ND Nonpoint Source Pollution Management Program Plan: 2021-2025 Page 17 of 22
Local project sponsors are currently the main avenue for coordinating programs within the NPS
project areas. Soil Conservation Districts (SCD) are generally the lead sponsors for the
waterbody assessments and watershed projects, while Extension Service, state agencies and
NGOs are typically the sponsors for the education and support projects. Primary responsibilities
of the project sponsors include: 1) PIP development; 2) project administration; 3) progress
reporting; 4) financial and technical assistance delivery; 5) PIP revisions; and 6) public outreach
and education.
Given the agricultural focus of the NPS Program, SCDs will continue to be the lead sponsor for
most of the NPS projects. The SCDs provide the local leadership necessary to implement and
manage projects as well as the “familiar face” to encourage greater producer/landowner
involvement. The SCDs long-standing partnership with NRCS also strengthens the coordination
of cost share funds provided through the USDA and NPS Program. Other local or regional
organizations that will also be important partners and sponsors include universities; NGOs; state
agencies, and water resource boards. Appendix F lists the major NPS Program partners and the
general type of assistance each entity provides to the NPS Program.
Coordination Objective: Maintain and expand partnerships at the state and local levels to
diversify input for project development and implementation as well as to increase opportunities
for securing and coordinating resources to more efficiently address NPS pollution impacts.
2021-2025 Coordination Actions:
• Increase the number of soil conservation districts with active programs and projects
addressing local water quality issues. Milestone: Ongoing; Over 80% of SCDs have active
water quality programs by 2025
• Establish a representative group or coalition to improve communication and coordination
between local, state, and federal organizations; commodity groups, and NGOs delivering
financial and technical assistance to improve natural resource management in the state.
Milestone: 2023
• Work with the agricultural producers, SCDs and commodity groups in the state (e.g.,
Soybean Growers, Corn Growers, Stockmen’s etc.) to identify feasible steps for increasing
producer adoption of management systems that improve and protect water quality.
Milestone: A framework for a program or process to be initiated by the commodity groups
by 2023
• Pool financial resources with NPS Program partners to increase assistance available for
projects addressing nutrient sources in the watersheds of lakes impacted by HABs.
Milestone: Coordinate with local resource managers and ND Game & Fish Department
to commit state and federal funds (e.g., Save Our Lakes and Section 319 funds) for a pilot
project that addresses nutrient sources in the watersheds of 2 priority fisheries impacted
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